Marriage is where two people are together forever. But for some, that’s not true because it’s very hard to handle your marriage. Though marriage grows with little ups and downs. But where you are not happy, or Mentally tortured will you live in that place nobody does that, right? So at that place divorce comes to mind and that’s right you shouldn’t live at that place where your self-respect or value doesn’t matter. So in this blog, you will get to know all the new rules for divorce in India.
What is the process of getting a divorce in India?
There are two ways in which you can get a divorce
- Divorce by mutual consent
- Contested Divorce
Divorce by mutual consent is where both husband and wife agree to divorce. In this process, both have to agree on some points. Like
- Alimony there is no fixed payment for alimony you have to pay it will be decided at the court only.
- Who will keep the child and till when? All these things will be decided in court only with mutual understanding.
We can also say that it’s an automatic divorce in India. But for the filing process, we have to go to court. Because of this husband and wife have to live separately at least till one year.
Divorce by mutual consent is recorded under Section 13B of the Hindu Marriage Act, 1955. After the request is recorded the court allows a six-month waiting period. After completing 6 months, fill will fill against the second process. And then the court gives a divorce.
(note) if you are married recently then the minimum time to file divorce after marriage is 1 year.
Contested Divorce
Divorce is recorded when one of the life partners chooses to separate the other without his/her permission. This request is documented in a court with the assistance of a lawyer, and the court sends a divorce notice to the next partner.
The initial phase in a divorce continuing is to enlist a lawyer to address your advantage in the court.
To record a divorce request in India, the lawyer additionally presents the accompanying documents with the separation appeal:
- Income Tax statement
- Identity proof of both husband and wife.
- Details of their professions
- Properties or assets owned by them.
When the divorce request is heard by the court, it sends
a divorce notice to the companion and requests that they show up in court and answer the divorce appeal. Different documents, statements, and Vakalatnama are likewise submitted to the court with the separation appeal. The court additionally remembers different regions connecting with divorce in India like:
- maintenance: The partner can record a support request for her as well as her kid when she is not financially strong. A maintenance appeal can be recorded under Section 125 of CrPC and the particular individual laws allow to divorce from the couple. The court gives maintenance to the partner after considering factors like the husband’s pay, his everyday costs, his wards, and so on.
- Kid Custody: A request for youngster care can be documented by both of the mates through legal advisors. The court gives the guardianship of the kid thinking about the kid’s age and what is in the kid’s wellbeing.
- Division of together bought property: When the couple owns some property mutually, it is essential to partition these resources with the assistance of a divorce attorney.
How long does it take to get a divorce in India?
The divorce is given by the court in around 18 to 24 months. In any case, the life partners can pull out their divorce request during a half period and no divorce will be allowed by the court. Any companion can pull out the mutual consent divorce from the appeal and through a different divorce lawyer.
The separation request is in the type of a sworn statement, which is to be submitted to the family court. When the appeal is recorded and the documentation of the court is finished, Then you have to wait for 6 months, after that you will come to the court for the next procedure and file the records for the second process. Then only the cycle of divorce is finished. And the divorce is conceded by the court.
